نشریه آراء
سال چهارم شماره 6 (تابستان 1400)

The importance of banking crimes specially in the present time and the current economical condition, is one of the essential discussions and required by the law society since these crimes and violations and reacting them criminally are not considered in our law system exactly and clearly.These crimes and violations are significantly important since they destroy the security in the banking system and sometimes plundering the people’ capitals and in result cause their distrust to the country’s banking and economical systems.In the present time, despite importance, complication, imposing costs and vulnerable damages of banking violations and crimes, criminal policy of Iran in this regard has been faced various challenges.Scattered and unsystematic criminalization, lack of anticipation of effective enforcement mechanisms, mere criminal liability and failure to adopt preventive policies are of thedamages that in practice have led to the inefficiency of the criminal justice system in the field of banking crimes and violations. The current article using the descriptive-analytic method follows identification of the available challenges in the banking crimes and violations in the fields of Legislative, judicial and executive criminalpolicy . Findings of this article shows that to resist these crimes and violations, a logical criminal policy relying on social and economic realities and planning a multiple responding system( criminal, preventive and repair) is required.

It was first in 1971 that the international law commission sought to include the issue of succession in international organizations in its long-term agenda. But finally, concluded that the scope of codification and progressive development of the law on this subject is limited. Therefore, there was no need to address this issue further. The main focus of the growth of the issue of succession in international organizations is in one of the advisories of the international court of justice, especially the advisory theory of july 11, 1950 on the international situation in south africa and in the doctrine. The question we seek to answer in this article is the possibility of substitution in the relations between international organizations. If so, the basis for the occurrence, as some of the judges of the court have claimed, could be automatic substitution. The hypothesis of the article is also based on the fact that despite the possibility of a split in international organizations, its basis can not be considered as an automatic replacement. In relations between international organizations, the succession is based on an agreement between the two organizations, and the treaty concludes the effects and results of the succession.

Human dignity, as the supreme divine gift, demands more and more respect and observance of the rights of individuals in the living world today. Reflection on the latest law in the field of criminal procedure in comparison with the previous drafting laws shows the tendency of the criminal legislator to observe the defense rights of the suspects and the accused as much as possible and in the stages under preliminary investigation.The Code of Criminal Procedure adopted in 1392, enumerating the rights of the accused, the right to inform the accused, the right to declare the rights of the accused, the right to have a lawyer, the right to study and access the case, the right to inform the family, the right to medical examination and the right to remain silent. It has taken a big step towards justice. In the meantime, the lack of guarantees for proper performances, such as the invalidity of the preliminary investigation on the assumption of non-compliance with the defense rights of the accused by law enforcement and judicial authorities, has made it impossible to consider Iranian protectionist laws as defendant of the accused. The author, by first enumerating the types of defense rights contained in the Code of Criminal Procedure adopted in 1392 and comparing these rights with the protection laws of countries such as the United States and Britain, seeks to reveal the protection laws intended for the accused in the preliminary investigation stage and Finally, the policy on the extremely important issue of guaranteeing the implementation of the defense rights of the master in the law is examined.

While “Merger of Debts” has generally been addressed as one of the grounds behind collapse of obligations in the form of a single article in the civil code, its real concept and nature is still far from clarity. The assemblage of the two terms of “Obligor” and “Obligee” in unitary person and asset and at the same time is referred to as “Merger of Debts”, which although its realization might be either inherent or conventional, causative is automatically releted after realization of cause. Once the cause of the ownership of “Merger of Debts” happen in authenticity, the obligation of its topic is collapsed. Although “Merger of Debts” does not affect the third party’s rights, its effects should be addressed in any case regarding the nature, type of obligation, and identification of the legal relationships between persons. The effects of Merger of Debts on the third party are among those neglected subjects with different variations that call for deeper investigation and reasoning. On one hand, the type of obligation and the original debt affect the appearance of Merger of Debts and, in each case, specially affect the third party. On the other hand, the effects of Merger of Debts on the plural obligors/obligees should be similarly identified with respect to their obligations.

The term feminism was first coined at the international conference of women in paris in 1982 by a french theorist named charles fourier. Feminism means a set of specific ideologies, thoughts, orientations and strategies that seek to build and develop women's movements for the rights of this human population. With its three waves, this movement seeks to create new structures for women so that it can meet their needs and instill new values in them. Feminism in the context of society became a movement that, following the establishment of certain social contracts, was accompanied by approaches such as the struggle against patriarchy, gender supremacy, and propaganda controversy. This research has been written based on a descriptive method and an attempt has been made to examine the necessity of criminal intervention in the field of women and family according to the necessity of today's society. In iranian law, according to the family protection law, some crimes in the field of women in the family are guaranteed criminal execution. It seems that criminal intervention to protect women's rights in the family is necessary as the last resort and only in cases where other solutions do not work. Sociologists' careful view of the traditional structure of the family in iranian society and helping to change and reform the fanatical and masculine view of women's society, can pave the way for the consolidation of women's rights in society and a way to avoid the need for comprehensive criminal intervention in the family.

Industrial property rights play an important role in the economic growth and prosperity by encouraging innovation, and developing countries such as Iran can contribute to the growth and development of industry and trade and increase production and employment by regulating and enacting effective laws and regulations. It is clear that the mere existence of appropriate laws and regulations without their proper implementation in courts may not be useful. Intellectuals do not justify the protection of intellectual property based on Islamic rules and systems, but because of the fundamental role of protection of intellectual property rights in raising the index of scientific, social, economic and industrial development of societies, recognizing the rights of creators of intellectual property and protecting them. At the global level, both domestically and in the field of jurisprudence, it has been accepted and its area of application and concept is gradually expanding . However, based on the above, it can be argued with a little tolerance that today the protection of the rights of intellectual property creators is accepted as an indisputable principle, but Advocacy is a source of controversy among legal thinkers, and among these disputes is the debate over the necessity or non-necessity of intellectual protection and, if necessary, criminal protection .In this article, after examining the concept of industrial property and its types, we will examine the guarantee of criminal enforcement due to the violation of industrial property rights in the Iranian legal system and international conventions, the Paris Convention and the Law of Accession of the Islamic Republic of Iran to the Convention establishing the World Intellectual Property Organization. We will see what guarantee of criminal enforcement is based on the protection of industrial property.